African Regional Workshop on Implementation of the WHO Framework Convention on Tobacco Control (WHO FCTC) Dakar, Senegal, 9-12 October 2012 SUMMARY AND RECOMMENDATIONS Forty countries from the African Region, including 38 Parties and 2 non- Parties to the WHO Framework Convention on Tobacco Control (WHO FCTC) met from 9 to 12 October in Dakar, Senegal. The meeting was organized by the Convention Secretariat in cooperation with and hosted by the Government of Senegal. The aim of the meeting was to share experiences in implementation of the WHO FCTC in the Region, associated challenges, the role of development partners, and to prepare for the fifth session of the Conference of the Parties (COP). The meeting was convened in line with the workplan adopted by the COP and financially supported under the European Union grant to promote implementation of the Convention in developing countries. The meeting started with the general status of and recent developments in implementation of the Convention in the Region (32 countries participated in the general discussion and shared their respective developments and views). This was followed by presentations and a discussion on achievements and challenges in implementing time-bound provisions of the Convention, namely those under Articles 11 and 13, as well as in implementing Article 8 in accordance with the time line recommended in the relevant guidelines, and other provisions, such as those related to Article 5, covering general obligations, and those related to Article12. Resources and mechanisms of assistance to promote the implementation of the Convention were also presented and discussed. Finally, the preparatory work, agenda and documentation of the fifth session of the COP were reviewed with a view to improving awareness and regional coordination. Based on the discussions held, the meeting participants agreed on the following, in order to further promote implementation of the Convention: A. In relation to overall implementation matters as well as the resources and mechanisms of assistance - All governments in the Region should take effective measures to comprehensively implement the Convention and those governments that have not yet ratified the Convention should do so. 1
- Tobacco-control policies should be incorporated into development and poverty reduction strategies, policies and programmes as part of national health and development priorities as well as programmes on the prevention and control of NCDs. - A multisectoral coordination mechanism at national level and one United Nations response should be developed to enable the Parties in the Region to meet multisectoral challenges related to implementation of the Convention. Countries should include WHO FCTC implementation in their bilateral cooperation with international agencies, such as the World Bank, UNDP, UNCTAD and UN Women. - The international community should increase the technical, legal, financial, and other forms of assistance and cooperation to help Parties to introduce effective tobacco-control policies, and to support tobacco-growing countries in the transition to economically viable alternative livelihoods. - Governments should protect tobacco-control policies from undue influence by the tobacco industry in compliance with Article 5.3 and its guidelines. - Members of civil society are a resource and partner in implementation of the WHO FCTC and countries are encouraged to engage with civil society organizations in their implementation efforts. - Regular regional meetings will be held in order to facilitate knowledge sharing and to promote cooperation and best practice. - The Secretariat should assist countries to meet their reporting obligations under the Convention. The capacity of country focal points should be strengthened especially as in many instances they work on tobacco control on a part-time basis. - Parties should, where possible, document the impact of their policies on health. For instance, the Seychelles has found a decrease in cardiovascular disease following the introduction of smoke-free policies. - Parties should expedite action to meet obligations following the best practices of countries with advanced policies in areas such as the implementation of a total ban of smoking in public places and of all forms of tobacco advertising, promotion and sponsorship. - Parties should further assess their needs in implementation of the Convention as requested by the COP and with the support of the Convention Secretariat, when required, in order to fully meet their obligations under of the Convention. 2
B. In relation to time-bound and some other provisions of the Convention Article 5: As Parties lack the enormous capacities required for implementation of Article 5, they need assistance to meet their obligations, such as establishing a multisectoral coordinating mechanism or focal point; technical assistance to develop comprehensive, multisectoral national strategies and action plans; technical assistance in planning and preparation of tools for accessing assistance from development partners. In the meantime, Parties recognize that strong implementation of Article 5 will have an overarching impact on implementation of the Convention. Article 8: There are countries in the Region that have fully implemented 100% smoke-free areas in their national settings, and there are also towns that are completely tobacco free. Such examples of best practices need to be promoted for the mutual benefit of the Parties across the Region. Article 11: Countries should adopt large graphic health warnings as a matter of priority. The messages contained in health warnings need to be understandable, believable and relevant to local communities. The warnings should comply with the Article 11 guidelines particularly by: - requiring warnings on all main faces of packaging and at the top of packages; - requiring warnings to be as large as possible; - using multiple warnings, and keeping them refreshed by rotation; and - requiring warnings on ALL tobacco products. Parties should utilize the databases of pictorial warnings maintained by the Convention Secretariat, WHO and the World Lung Foundation. Countries should license the use of pictures by other countries quickly, easily and without costs. 3
Article 12: The public should be sensitized about the importance of tobacco control. Both paid and unpaid media should be used. Countries should encourage the media to make free public service announcements available for counter-advertising. Radio is particularly important with its wide reach and easy accessibility in the Region. Article 13: A total ban of all tobacco advertising, promotion and sponsorship is the only effective way; Countries should also include cross-border advertising in their bans; Article 13.8 speaks about a protocol in relation to cross-border advertising, promotion and sponsorship: consider elaboration of a protocol by Parties The ban should apply to ALL tobacco products and not just cigarettes. C. In relation to steps to be taken by the Convention Secretariat and international development partners to facilitate implementation of the Convention The Convention Secretariat: Will facilitate and/or provide technical inputs to Parties, upon request, to meet their obligations specifically related to time-bound provisions and general obligations of the Convention. Such assistance will be provided in cooperation with WHO TFI, international development partners, and civil society organizations such as the World Lung Foundation, the International Union Against Tuberculosis and Lung Disease and, where appropriate, other relevant organizations; Shall, upon request, through joint needs assessment missions, assist Parties in identifying specific gaps and challenges related to lack of expertise and resources and to meet the identified gaps and needs towards comprehensive implementation of the Convention; Liaise with development partners, such as UNDP, UNCTAD and the World Bank to facilitate provision of multisectoral expertise to the Parties; Publish the best practices from the Region with a view to promoting inter-country exchange of information and expertise and mutual assistance to Parties as outlined, in particular, in Articles 22 and 26 of the Convention; Provide necessary technical assistance to Parties in complying with their reporting obligations under the Convention. The Secretariat shall further coordinate and facilitate technical assistance and provision of expertise from development partners, in particular in the following areas: 4
1. UNDP: Capacity building in strengthening of national multisectoral coordination mechanisms; Technical assistance relating to integration of implementation of the Convention into national development and health policies and programmes and the United Nations Development Assistance Frameworks (UNDAFs) at country level; Active follow up should be undertaken with UNDP to assist 17 Parties in the Region that are adopting new UNDAFs in 2013 and also to assist Parties undergoing mid-term UNDAF reviews; Support to country efforts to reduce the influence of the tobacco industry in accordance with Article 5.3 of the Convention. 2. The World Bank: The World Bank can support tobacco-control measures on the basis of governments formal demands through appropriate channels. This support can be provided through several instruments and tools. Examples include: Technical advice and financial resources for tobacco-control activities in general, and specially tobacco taxes, through grants/credits for health investment projects or Sector Wide Approaches (SWAPs), including research, design, norms and legislation on implementation and enforcement of tobacco taxes; this can be complemented by technical assistance, linked to or independent of World Bank grants/credits, to prepare and support economic and technical arguments for policy dialogue on tobacco taxes; Technical advice and financial resources for interventions to support alternative livelihoods of tobacco farmers, through credits/loans to finance agricultural projects. Examples of activities generally financed include research, design, piloting and implementation of alternative livelihoods interventions; Technical advice and financial resources for poverty and household expenditure surveys, and research in the area of tobacco and poverty. The Bank also supports poverty and social impact analysis prior to and after the introduction of national policies and reforms, including tobacco tax increases; Budget support to national budgets supporting policies and reforms in any area including tobacco-control measures, as well as limited financial resources to promote South-South cooperation through the South-South Cooperation Trust Fund". 3. UNCTAD: Technical assistance to Parties, upon request, in the area of crop diversification, including through analysis of the value chain of tobacco to help Parties identify suitable economically viable alternatives to tobacco growing; 5
Technical input and advice to Parties in the areas of trade policy and bilateral trade agreements to help insulate against further challenges by the tobacco industry under bilateral investment agreements; Provision of technical expertise related to TRIPS and issues of trademarks, and of tobacco trade-related data for policy inputs related to taxation and trade policy development. 4. UN Women: Provision of technical expertise and inputs to gender-sensitive programming in national action plans; Provision of advocacy support to Parties in countering and preventing advertisements targeting in particular young and adolescent women; Addressing the issue of empowerment of women to counter secondhand smoke and enable promotion of smoke-free workplaces and homes. Assistance was also presented and offered by civil society organizations. The World Lung Foundation, for example, indicated that it could assist Parties in developing Region-specific communication campaigns for print and electronic media and effective communication strategies in line with Article 12 and its guidelines; and, in particular, in developing a Region-specific repertoire of pictorial warnings that are pre-tested, including the provision of necessary technical assistance to help launch such warnings. The Framework Convention Alliance indicated that they will be providing support to Parties for inclusion of the implementation of the WHO FCTC in UNDAFs. D. In relation to the fifth session of the Conference of the Parties (COP5) 1. In relation to the provisional agenda and the participation of Parties and the African Region in the general debate on the first day of COP5, Parties called for the region to speak with one voice and for the regional coordinator to make a regional statement that would reflect, as appropriate, the recommendations of this meeting. The importance of the focal points in briefing the high-level representatives of their respective countries attending the meeting was also stressed; 2. In relation to the draft protocol to eliminate illicit trade in tobacco products, Parties fully supported the adoption of the draft without any amendments. Parties also recognized the hard work completed by the Intergovernmental Negotiating Body and the fact that consensus was reached on the whole text by all Parties to the Convention at INB5 and the commitment of the INB to support the adoption of the draft at COP5. The support of the Region for early consideration and adoption of the protocol during COP5 should also be reflected in the regional statement; 3. In relation to Articles 17&18, it was explained to non-parties that these Articles are not time-bound; they were also invited to ratify the Convention without delay and to start implementing its provisions. It was also stated that the proposals of the working group on Articles 17&18 offer policy 6
options and recommendations to all concerned to shift to alternative livelihoods; 4. On the issues of smokeless tobacco and electronic nicotine delivery systems, the Region supports the complete ban of these products and requires clear guidance from the COP, especially taking into account the requests put forward by some producers of these products in several countries in the Region, to achieve their registration; 5. On the matter of voluntary assessed contributions to the Convention, Parties acknowledged the payment of such contributions as an expression of their commitment and responsibility towards the treaty. In addition, Parties requested the Convention Secretariat to send copies of invoices to the focal persons in the countries in order to enable follow-up with relevant authorities on the timely payment of contributions. 7